Preview

Digital Law Journal

Advanced search

The realization of the right to freedom of speech on the Internet

https://doi.org/10.38044/2686-9136-2021-2-3-55-70

Full Text:

Abstract

The expression of opinions on the Internet has a number of features in comparison with traditional means of information dissemination. Firstly, imposition of classical measures of legal liability can be difficult due to the peculiarities of cyber space: anonymity and erasure of jurisdictional boundaries. In this regard, a new mechanism of restrictions has appeared, which consists in the withdrawal of information that violates the law or the rights of other citizens from the Internet at the direction of state bodies. The trends in this area are the predominance of the administrative procedure for making decisions on the withdrawal of information from public access, and the use of vague and evaluative terms as grounds for restrictions. Secondly, in most cases, in the process of realizing freedom of speech, intermediaries are involved — companies that provide a public forum for millions of users. The activities of these companies are also associated with new mechanisms for restricting freedom of speech: from blocking content to deleting users’ accounts. Such companies have a dual responsibility: to monitor the placement of content in order to prevent abuse of freedom of speech and to prevent violations of freedom of expression with their own corporate rules. The purpose of this article is to identify, through the method of analytical jurisprudence, the problems that arise when restricting freedom of speech, implemented in the digital environment, and to establish the reasons for their occurrence. To do this, the author has carried out a review of Russian legislation and the practice of its application, as well as the practice of restrictions, applied by corporations, and an analysis of foreign literature.

About the Author

I. S. Fliter
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation

Iana S. Fliter — LIana S. Fliter – Ph. D. Student, Department of Constitutional Law

34, B. Cheremushkinskaya st., Moscow, Russia, 117218



References

1. Balkin, J. M. (2018). Free Speech is a Triangle. Columbia Law Review, 118(7), 2011–2055. https://columbialawa-review.org/content/free-speech-is-a-triangle/

2. De Gregorio, G. (2020). Democratising online content moderation: A constitutional framework. Computer Law and Security Review, 36, Article 105374. https://doi.org/10.1016/j.clsr.2019.105374

3. Dobber, T., Farthaigh, R. O., & Zuiderveen Borgesius, F. J. (2019). The regulation of online political micro-targeting in Europe. Internet Policy Review, 8(4), Article 1440. https://doi.org/10.14763/2019.4.1440

4. Hartmann, I. A. (2020). A new framework for online content moderation. Computer Law and Security Review, 36, Article 105376. https://doi.org/10.1016/j.clsr.2019.105376

5. Kuczerawy, A. (2017). The power of positive thinking. Intermediary liability and the effective enjoyment of the Right to Freedom of Expression. Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 8(3), 226 para1. https://www.jipitec.eu/issues/jipitec-8-3-2017/4623

6. Land, M. K. (2020). The problem of platform law: Pluralistic legal ordering on social media. In P. S. Berman (Ed.), The Oxford handbook of global legal pluralism (pp.975–994). Oxford. http://doi.org//10.1093/oxfordhb/9780197516744.013.12

7. Murray, D., & Fussey, P. (2019). Bulk surveillance in the digital age: Rethinking the human rights law approach to bulk monitoring of communications data. Israel Law Review, 52(1), 31–60. https://doi.org/10.1017/S0021223718000304

8. Oliva, T. D. (2020). Content moderation technologies: Applying human rights standards to protect freedom of expression. Human Rights Law Review, 20(4), 607–640. https://doi.org/10.1093/hrlr/ngaa032

9. Sander, B. (2021). Democratic disruption in the age of social media: Between marketized and structural conceptions of human rights law. European Journal of International Law, 32(1), 159–193. http://www.ejil.org/archive.php?issue=155

10. Stepanov, S. K., & Nektov, A. V. (2021). Digital forum as a challenge to jurisdiction of a modern statе. In S. I. Ashmarina & V. V. Mantulenko (Eds.), Current Achievements, Challenges and Digital Chances of Knowledge Based Economy (pp. 59–69). Springer. https://doi.org/10.1007/978-3-030-47458-4_8

11. Suzor, N. (2018). Digital constitutionalism: Using the rule of law to evaluate the legitimacy of governance by platforms. Social Media and Society, 4(3), 1–11. https://doi.org/10.1177/2056305118787812

12. Weber, R. H. (2020). Socio-ethical values and legal rules on automated platforms: The quest for a symbiotic relationship. Computer Law and Security Review, 36, article 105380. https://doi.org/10.1016/j.clsr.2019.105380


Views: 118


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2686-9136 (Online)